This website provides information on how Atos runs its business,
extracts from the Contract between the DWP and Atos including the
MEDICAL CONDITIONS
that mean a face to face medical assessment is not always necessary,
ASSESSMENTS AND POINTS,
the breaches of Contract that occurred in my case, my unsound medical report
and the correspondence showing how difficult it is to obtain justice or advice.

DWP ESA Atos Assessments and Points

Prior to the Labour Government introducing the Welfare Reform Act 2007,
the assessment criteria allowed more medical conditions to qualify
the claimant as having a limited capability of work.
The Labour Government directed the emphasis to give far less
consideration to the medical condition and far more
to the capabilities of the claimant with the effect
that more claimants who would have qualified previously are now denied ESA.

It should be noted all ESA claimants
are patients with short or long term medical conditions or have disabilities.

The current coalition Government (2011) is introducing further
changes so that those with more capabilities will be denied ESA payments.

It should be noted that a claimant may have an unchanging
medical condition, be in receipt of the pre 2007 ESA equivalent but
fail to be eligible for the current ESA or if the claimant currently
qualifies for ESA might not be eligible when the assessment
criteria changes again in future.

The Government motives for denying more patients ESA than before
includes saving money.

The assessment tests listed below are as amended 28 March 2011.

Atos Healthcare and Assessments

The DWP and Atos Healthcare have signed a
Contract for Atos to undertake
medical examinations at medical examination centres run and staffed by Atos
Healthcare. These examinations are known as assessments.

The "limited capability for work" assessment considers activities.
Points are awarded as listed below.
The higher the points awarded, the more limited the capability for work.
The fewer the points awarded, the more capable the claimant is for
work and the more likely the claimant will be refused ESA or
if in receipt of ESA, any ESA payment will cease.

The "limited capability for work related activity" assessment
considers capability in undertaking activities and results in
either the claimant being placed in the "Support Group"
or the claimant being placed in the "Work Related Activity Group".

If the claimant is placed in the "Support Group" the claimant is
not required to work or attend "Work Focused Interviews".

If the claimant is placed in the "Work Related Activity Group"
the claimant has to attend six (6) "Work Focused Interviews".
Each interview is usually set at monthly interviews and
a "work action plan" is imposed on the claimant.

It appears that Governments have designed the system to favour
those with access to advice and to disadvantage those with less
access to advice.
My case, and many others, shows the need for access to a patient's
full medical history to prevent misjustice.
If symptoms are intermittent and the history of the medical
condition is important, as most are, then this surely
must be grounds for a first medical appeal through the Atos appeals process.
Check that the Atos person, who may be unqualified as in my case,
who decided a face to face assessment was necessary, is qualified.
Check that the Atos person who carried out the assessment is qualified.

Expect to be denied at first.
Involve your MP. If your case is strong press it hard.

Statutes and the Contract
if, and it is a big if, provide protection from arbitary actions
by the DWP and Atos. When found out, as Parliamentary Inquiry after
Inquiry has confirmed the multiple and serial failings of the DWP and Atos,
the DWP and Atos usually fall back on that old evasive saw
the omnipresent need for improved training
(and presumably more first class rail travel around the country
to expensive hotels with training facilities).

My correspondence is published on this website.
My repeated challenges resulted in the DWP and Atos Healthcare implicitly
agreeing that the Atos doctor did in fact defame me by libel
and as a result the DWP and Atos Healthcare overturned their incorrect original
decision to place me in the "Work Related Activity Group".
After a long struggle the DWP placed me in the correct "Support Group".

Please note appeals concerning medical matters need first to complete
the Atos appeals process.
The tribunals rule on process and are not competent to consider medical matters.

Assessment of whether a claimant has "limited capability for work".

The assessment defines activities, descriptors and points.

If the claimant obtains less than fifteen (15) points then the claimant
is not eligible for ESA.

If the claimant obtains fifteen (15) points or more then the claimant
is likely to be subject to the "limited capability for work related activity"
assessment.

Part 1 Physical disabilities

Activity

Descriptors

Points

1.

Mobilising unaided by another person with or without a walking stick,
manual wheelchair or other aid if such aid can reasonably be used.

1

(a)

Cannot either:

(i) mobilise more than 50 metres on level ground
without stopping in order to avoid significant discomfort or
exhaustion; or

(ii) repeatedly mobilise 50 metres within a reasonable
timescale because of significant discomfort or exhaustion.

15

(b)

Cannot mount or descend two steps
unaided by another person even with the support of a handrail.

9

(c)

Cannot either:

(i) mobilise more than 100 metres on level ground
without stopping in order to avoid significant discomfort or
exhaustion; or

(ii) repeatedly mobilise 100 metres within a reasonable
timescale because of significant discomfort or exhaustion.

9

(d)

Cannot either:

(i) mobilise more than 200 metres on level ground
without stopping in order to avoid significant discomfort or
exhaustion; or

(ii) repeatedly mobilise 200 metres within a reasonable
timescale because of significant discomfort or exhaustion.

6

(e)

None of the above apply.

0

2.

Standing and sitting.

2

(a)

Cannot move between one seated position and another seated position
located next to one another without receiving physical assistance from
another person.

15

(b)

Cannot, for the majority of the time, remain at a work station, either:

(i) standing unassisted by another person (even if free to move around ); or

(ii) sitting (even in an adjustable chair)

for more than 30 minutes, before needing to move away in order
to avoid significant discomfort or exhaustion.

9

(c)

Cannot, for the majority of the time, remain at a work station, either:

(i) standing unassisted by another person (even if free to move around); or

(ii) sitting (even in an adjustable chair) for more than
an hour before
needing to move away in order to avoid significant discomfort or exhaustion.

6

(d)

None of the above apply.

0

3.

Reaching.

3

(a)

Cannot raise either arm as if to put something in the top pocket
of a coat or jacket.

15

(b)

Cannot raise either arm to top of head as if to put on a hat.

9

(c)

Cannot raise either arm above head height as if to reach for something.

6

(d)

None of the above apply.

0

4.

Picking up and moving or transferring by the use of the upper body and arms.

4

(a)

Cannot pick up and move a O.5 litre carton full of liquid.

15

(b)

Cannot pick up and move a one litre carton full of liquid.

9

(c)

Cannot transfer a light but bulky object such as an empty cardboard box.

6

(d)

None of the above apply.

0

5.

Manual dexterity.

5

(a)

Cannot either:

(i) press a button, such as a telephone keypad; or

(ii) turn the pages of a book

with either hand.

15

(b)

Cannot pick up a £1 coin or equivalent with either hand.

15

(c)

Cannot use a pen or pencil to make a meaningful mark.

9

(d)

Cannot use a suitable keyboard or mouse.

9

(e)

None of the above apply.

0

6.

Making self understood through speaking , writing, typing, or other
means normally used. unaided by another person.

6

(a)

Cannot convey a simple message such as the presence of a hazard.

15

(b)

Has significant difficulty conveying a simple message to strangers.

15

(c)

Has some difficulty conveying a simple message to strangers.

6

(d)

None of the above apply.

0

7.

Understanding communication by both verbal means (such as hearing
or lip reading) and non-verbal means (such as reading 16 point print)
using any aid it is reasonable to expect them to use, unaided by
another person.

7

(a)

Cannot understand a simple message due to sensory impairment, such as the
location of a fire escape.

15

(b)

Has significant difficulty understanding a simple message from a
stranger due to sensory impairment.

15

(c)

Has some difficulty understanding a simple message from a
stranger due to sensory impairment.

6

(d)

None of the above apply.

0

8.

Navigation and maintaining safety using a guide dog or other aid if normally used.

8

(a)

Unable to navigate around familiar surroundings, without being
accompanied by another person, due to sensory impairment.

15

(b)

Cannot safely complete a potentially hazardous task such as crossing the
road, without being accompanied by another person, due to sensory impairment.

15

(c)

Unable to navigate around unfamiliar surroundings, without being
accompanied by another person due to sensory impairment.

9

(d)

None of the above apply.

0

9.

Absence or loss of control leading to extensive evacuation of the bowel
and/or bladder, other than enuresis (bed wetting) despite the presence
of any aids or adaptations normally used.

9

(a)

At least once a month experiences:

(i) Loss of control leading to extensive evacuation of
the bowel and/or voiding of the bladder; or

(ii) substantial leakage of the contents of a collecting device
sufficient to require cleaning and a change in clothing.

15

(b)

At risk of loss of control leading to extensive evacuation of the bowel
and/or voiding of the bladder, sufficient to require cleaning and a change in
clothing, if not able to reach a toilet quickly.

6

(c)

None of the above apply.

0

10.

Consciousness during waking moments.

10

(a)

At least once a week, has an involuntary episode of lost
or altered consciousness resulting in significantly disrupted
awareness or concentration.

15

(b)

At least once a month, has an involuntary episode of lost
or altered consciousness resulting in significantly disrupted
awareness or concentration.

6

(c)

None of the above apply.

0

Part 2 Mental, cognitive and intellectual function assessment

Activity

Descriptors

Points

11.

Learning tasks.

11

(a)

Cannot learn how to complete a simple
task, such as setting an alarm clock.

15

(b)

Cannot learn anything beyond a simple
task, such as setting an alarm clock.

9

(c)

Cannot learn anything beyond a moderately complex
task, such as the steps involved in operating a washing machine
to clean clothes.

6

(d)

None of the above apply.

0

12.

Awareness of everyday hazards (such as boiling water or sharp objects).

12

(a)

Reduced awareness of everyday hazards leads to a significant risk of:

(i) injury to self or others; or

(ii) damage to property or possessions

such that they require supervision for the majority
of the time to maintain safety.

Cannot cope with any
change to the extent that day to day life cannot be managed.

15

(b)

Cannot cope with minor planned
change (such as a pre-arranged
change to the routine time scheduled for a lunch break), to the extent
that overall day to day life is made significantly more difficult.

9

(c)

Cannot cope with minor unplanned
change (such as the timing of an appointment on the day it is due to occur),
to the extent that overall day to day life is made significantly more difficult.

6

(d)

None of the above apply.

0

15.

Getting about.

15

(a)

Cannot get to any specified place with which the claimant is familiar.

15

(b)

Is unable to get to a specified place with which the claimant
is familiar, without being accompanied by another person.

9

(c)

Is unable to get to a specified place with which the claimant
is unfamiliar without being accompanied by another person.

6

(d)

None of the above apply.

0

16.

Coping with social engagement due to cognitive impairment or mental disorder.

16

(a)

Engagement in social contact is always precluded
due to difficulty relating to others or significant distress experienced
by the individual.

15

(b)

Engagement in social contact with someone
unfamiliar to the claimant
is always precluded due to difficulty relating to others or significant
distress experienced by the individual.

9

(c)

Engagement in social contact with someone unfamiliar to the claimant
is not possible for the majority of the time due to difficulty relating to
others or significant distress experienced by the individual.

6

(d)

None of the above apply.

0

17.

Appropriateness of behaviour with other people, due to cognitive
impairment or mental disorder.

17

(a)

Has, on a daily basis, uncontrollable episodes of aggressive
or disinhibited behaviour that would be unreasonable in any workplace.

15

(b)

Frequently has uncontrollable episodes of aggressive
or disinhibited behaviour that would be unreasonable in any workplace.

15

(c)

Occasionally has uncontrollable episodes of aggressive
or disinhibited behaviour that would be unreasonable in any workplace.

9

(d)

None of the above apply.

0

Assessment of whether a claimant has "limited capability for work related activity".

Points are not awarded for this assessment.

Activity

Descriptors

1.

Mobilising unaided by another person with or without a walking stick,
manual wheelchair or other aid if such aid can reasonably be used.

Cannot either:

(a) mobilise more than 50 metres on level ground without stopping
in order to avoid significant discomfort or exhaustion; or

(b) repeatedly mobilise 50 metres within a reasonable timescale
because of significant discomfort or exhaustion.

2.

Transferring from one seated position to another.

Cannot move between one seated position and another seated
position located next to one another without receiving physical
assistance from another person.

3.

Reaching.

Cannot raise either arm as if to put something in the top pocket
of a coat or jacket.

4.

Picking up and moving or transferring by the use of the upper body
and arms (excluding standing, sitting, bending or kneeling and all
other activities specified in this Schedule).

Cannot pick up and move a 0.5 litre carton full of liquid.

5.

Manual dexterity.

Cannot either:

(a) press a button, such as a telephone keypad; or

(b) turn the pages of a book

with either hand.

6.

Making self understood through speaking, writing, typing, or other
means normally used.

Cannot convey a simple message, such as the presence of a hazard.

7.

Understanding communication by hearing, lip reading. reading 16 point print
or using any aid if reasonably used.

Cannot understand a simple message due to sensory impairment,
such as the location of a fire escape.

8.

Absence or toss of control over extensive evacuation of the bowel
and/or voiding of the bladder, other than enuresis (bed-wetting),
despite the presence of any aids of adaptations normally used.

At least once a week experiences:

(a) loss of control leading to extensive evacuation of the bowel
and/or voiding of the bladder; or

(b) substantial leakage of the contents of a collecting device
sufficient to require the individual to clean themselves and change clothing.

9.

Learning tasks.

Cannot learn how to complete a simple task, such as setting
an alarm clock, due to cognitive impairment or mental disorder.

10.

Awareness of hazard.

Reduced awareness of everyday hazards, due to cognitive impairment
or mental disorder, leads to a significant risk of:

(a) injury to self or others; or

(b) damage to property or possessions

such that they require supervision
for the majority of the time to maintain safety.